A power of attorney typically can assist in avoiding the need to seek court involvement regarding guardianship proceedings. If the proper power of attorney does not exist, then you should meet with an attorney to see if one can be accomplished. It may be that your sister does have the capacity to execute a power of attorney, however, if she lacks capacity then the court must intervene through a guardianship proceeding. You will want to discuss the particular situation with an attorney and your goals from the Guardianship proceeding, as it is likely the court will appoint a Guardian-ad-Litem which is an attorney to represent your sister's interests.
Answered on Aug 26th, 2024 at 1:57 PM